Conviction u/s 138 ni
Advocate B. M.
(Querist) 19 September 2015
This query is : Resolved
Dear Experts,
Please guide. Until now, my 138 matters were usually settled or withdrawn.
First time my one case has come upto trial, over and awaiting judgment in couple of days.
In case of conviction, my client (accused) will be going in appeal.
So on passing such judgment of conviction by magistrate court, what is to be done to avoid him being taken into custody?
I think I will have to file 2 applications, one for bail and another for staying the immediate execution of being taken into custody?
What would be the format for such applications?
Please guide as my matter is posted in next couple of days.
Thank you.
regards, B.M.
SAINATH DEVALLA
(Expert) 20 September 2015
Dear Adv BM,
U need not panic and make the accused panic once the judgement is pronounced by the lower court.
So are U sure he will be convicted?If so it depends on the judgement how the lower court is going to award the accused.
Immediately the accused will not be taken into custody,if U have the requisite surites ready at the time of judgement.It could be imprisonment only,or imprisonment and fine or fine only depending on the conduct of the case.
SAINATH DEVALLA
(Expert) 20 September 2015
U will be given time to appeal in the higher court once U fulfill the sureties criteria.
Rajendra K Goyal
(Expert) 20 September 2015
Formats are not provided in this section.
Advocate B. M.
(Querist) 20 September 2015
Thank you. I have put in my best to rebut the presumption u/s 139 with SC judgments. I am basically into civil law and therefore not aware of criminal procedures.
Do not want to take a chance that my client may be taken into custody due to my not being adequately prepared.
So if I know what applications I have to be prepared with, I would be able to decently handle the situation in case of an adverse order.
R.K Nanda
(Expert) 20 September 2015
consult local lawyer.
Advocate B. M.
(Querist) 20 September 2015
Thank you SAINATH DEVALLAji
regds.
Dr J C Vashista
(Expert) 21 September 2015
The convict has to move to the trail court for bail ta daairy appeal (till filing appeal)and move for appeal before Sessions Court along with stay of operation of sentence.
Seek guidance from a local senior lawyer.
